Appeal Court upholds Lagos Signage and Advertising Law

Admin l Saturday, March 20, 2021

 

LAGOS, Nigeria – A Court of Appeal sitting in Lagos, has affirmed that  Lagos State structure for Signage and Advertising Agency Law No 9 of 2006 is constitutional and valid. The Court delivered  judgment in the matter, Appeal no CA/L/888/2012 between Bunjay Integrated Service vs Attorney-General of Lagos State.

The applicant (Bunjay Integrated Service) had earlier prayed the State High Court for a declaration that the Lagos State structure for Signage and Advertising Agency Law  No 9 of 2006 is illegal, null and void.

The applicant claimed that the law is unconstitutional to the extent of its inconsistency with section 7 of the Constitution of the Federal Republic of Nigeria. The Court of Appeal in its judgment held that the appeal is unmeritorious and it fails.

The Court dismissed the suit of the Appellant stating that the Lagos State structure for Signage and Advertising Agency Law  No. 9 2006 is Legal and Constitutional. Justice Oke of the State High Court earlier ruled in favour of the Lagos State Government in its judgment delivered on 10th of July, 2012.

The State High Court held that the issue of advertising and signage are residual matters, hence the State House of Assembly can legislate on it. Justice Oke, who dismissed the suit, stated that the Appellant vehicle qualifies as a structure in as much as it it’s ” composed of parts purposely joined together”.

The applicant being dissatisfied with the Judgment proceeded to the Court of Appeal. The Lagos State Government in its counter-affidavit at the lower court argued that the functions in the section of the 1999 Constitution are not made exclusive to the Local Government Council.

The Lagos State Government argued that a vehicle is a form of structure and placing signs and adverts on it will attract requisites fees under the enabling law.